Audio recording an IEP meeting in Illinois

[raccoony]

I would like to audio record my 8 year old son's IEP meeting, however the school district has said they will not allow me to do this. Why are they allowed to tell me "no"? I'm there to advocate for my son, and this will help me. I live in Chicago, IL, and my son goes to a public school.

Thanks. What is the name of your state (only U.S. law)? ILLINOISWhat is the name of your state (only U.S. law)?

 

[justalayman]

Why are they allowed to tell me "no

"? because it is their right under the law and unless they agree to be recorded, you are breaking the law.

Is there some reason you want to record rather than take copious notes?

 

[CSO286]

"? because it is their right under the law and unless they agree to be recorded, you are breaking the law.

Is there some reason you want to record rather than take copious notes?

I can understand why you might wish to record the meeting.
In addition, if the OP isn't good at taking copious notes QUICKLY, she could certainly miss some important points.

JKAL--When my G-ma was very ill, the family would often record the visits with the docs. There were eight siblings, four of whom were nurses or in some other healthcare related occupation. The office only permitted 1-2 family members at each appt, so recording them allowed for everyone to know exactly what was said to aviod misunderstandings about the care plan.

All that being said, OP, the school district can refuse, but perhaps it was more the way you asked? Not accusing, just suggesting that if you framed your request a bit differently, then you might have had a better outcome.

Maybe something along the lines of, "I'd like to record this meeting to make sure that I don't miss any of the points that are made. I can take notes, but I'm not that great at it. We do only have one hour for this meeting, and I'd hate to slow things down by asking you to stop and give me extra time to write things down...."

 

[Zigner]

I would ALSO offer a copy of your recording to the district.

 

[justalayman]

I can understand why you might wish to record the meeting.
In addition, if the OP isn't good at taking copious notes QUICKLY, she could certainly miss some important points.

JKAL--When my G-ma was very ill, the family would often record the visits with the docs. There were eight siblings, four of whom were nurses or in some other healthcare related occupation. The office only permitted 1-2 family members at each appt, so recording them allowed for everyone to know exactly what was said to aviod misunderstandings about the care plan.
down by asking you to stop and give me extra time to write things down...."

I understand and do not disagree with why a person might want to record but the fact remains, unless all parties being recorded agree to allow the recording, it is illegal.

While this may not be the OP's situation, it seems that so often the people that are so insistent on recording are not doing it out of a true need but because they are having problems with one of the other parties and want to use it to "catch them" saying something that can be used against them. Due to that, many people are very wary of allowing a recorder where they have the power to refuse its presence, even when there is a reasonable justification. Once they allow it with one person, they find it very difficult to refuse it to anybody without being threatened with lawsuits. So, they simply say no to everybody.

 

[PQN]

I'd recommend taking someone with you who can take notes quickly. Also, having a 2nd person in the room will sometimes keep the school district on their best behavior.

Remember that you can insist on a copy of all reports and draft goals and objectives prior to the meeting. I always insisted that I get everything at least 5 days prior to the meeting.

 

[Humusluvr]

I would like to audio record my 8 year old son's IEP meeting, however the school district has said they will not allow me to do this. Why are they allowed to tell me "no"? I'm there to advocate for my son, and this will help me. I live in Chicago, IL, and my son goes to a public school.

Thanks. What is the name of your state (only U.S. law)? ILLINOISWhat is the name of your state (only U.S. law)?

Just because I'm curious, do you want to record it because you can't remember all the things that are said, or because you're trying to catch someone saying something inappropriate?

I believe parents are allowed to bring a representative to an ARD meeting, do you have someone who can come with you to take notes and vouch for what is said?

 

[musicman654321]

Is using a program like DRAGON SPEAKING NATURALLY be possible?

The program does not store the audio, it just transcribes what is being said.

 

[justalayman]

Is using a program like DRAGON SPEAKING NATURALLY be possible?

The program does not store the audio, it just transcribes what is being said.

are you suggesting they drag a computer and printer in to room? If not, I see no way it would be possible to use Dragon to benefit them.

 

[musicman654321]

are you suggesting they drag a computer and printer in to room? If not, I see no way it would be possible to use Dragon to benefit them.

Just a notebook computer and maybe an exterior mic. Don't need a printer .. are you familiar with this type of program?

 

[justalayman]

Just a notebook computer and maybe an exterior mic. Don't need a printer .. are you familiar with this type of program?

yes I am and without the printer to be able to print the conversation as it is spoken, you are recording the conversation which has specifically been refused.

it doesn't matter if you are using a computer to record the conversation or a digital recorder or a good old reel to reel tape recorder; they are all recording the conversation.

 

[GaAtty]

GaAtty

I practice special education law and attend IEP meetings on a weekly basis. I never go into an IEP meeting without a recorder, and record the entire meeting. I download the recordings onto my computer, and keep them for at least a year. Once or twice I have had a school challenge me, but my response is that they cannot cite to me any part of IDEA law which states that the parent cannnot record, and of course, they cannot. Their response is to get their own recorder, which is what they all do. When the school's employee writes minutes, they are rarely accurate. Unfortunately, the minutes are often selectively biased in favor of the school. In other words, their minutes leave out things that were said that might benefit the student later. It is very important to record, because if a parent wants to later file an appeal about anything regarding the child's IEP, the appeal can be lost if the parent has not raised in the IEP all issues that are appealed. For that reason, the parent may need to prove that they brought up a particular subject. If the school person failed to write in the minutes of the meeting that the parent brought up the particular subject that is appealed, then the parent will lose that issue on appeal if there is no recording to prove that the parent brought up that issue in the IEP.

 

[justalayman]

well, I presume you are in Georgia which has different laws concerning recording than Illinois does. It would appear that you can legally, even surreptitiously, record a conversation you are a party to even without the consent of the other parties to the conversation. In Illinois, you simply cannot legally record without consent of all parties.

In your situation, the other party could refuse to hold the meeting unless you agree to not record but apparently they choose not to take that stand.

In the OP's situation, unless they consent to the recording, the OP has no right to demand it be allowed and it would appear they intend on taking the stand that they are not going to consent to being recorded. It is their right (unless somebody can find a law saying otherwise)

 

[cbg]

None of which changes the fact that in the poster's state, the school can say no to a recording and make it stick. As could the poster, should the school want a recording and the parent not.

The question is not, would a recording be a good idea. The question is, can the school prevent the recording. And in the poster's state, the answer is yes. Even if it would be smarter to do so.

 

[musicman654321]

yes I am and without the printer to be able to print the conversation as it is spoken, you are recording the conversation which has specifically been refused.

it doesn't matter if you are using a computer to record the conversation or a digital recorder or a good old reel to reel tape recorder; they are all recording the conversation.

I dont think you are aware of the program. It does not record anything .. it transcribes what it hears to text ..
Dragon - NaturallySpeaking 11

since it does not perform an audio recording I think that this would be OK ... it certainly would not be anything that could be considered a transcript.

The definition of a digital audio recording device requires that it be “designed and marketed for the primary purpose of . . . making a digital audio copied recording for private use,” {FN35: 17 U.S.C. §1001(3)}

So the PC in this case would not be a digital audio recording device since it does not make an audio file.

This is just a first look at this.